Tag: job title

Discrimination: Why Bank ‘Officer’ Wasn’t Precluded from Suing for Bias and Retaliation

The National Bank Act (NBA) grants banks the power to dismiss their officers “at pleasure.” Courts have interpreted this to mean that the NBA protects banks from wrongful termination claims by officers, including employment discrimination suits. A new decision, however, makes it clear that job duties—not job title—are the determining factor in whether an employee […]

Employment Law Tip: Do You Have Reference Immunity?

Many employers are reluctant to provide references for former employees because of the risk that giving a negative reference can lead to a defamation lawsuit. To deal with this problem, California has a reference immunity law. Under this law, truthful communications about job performance or employment qualifications of a current or former employee are privileged—and […]

Employment Law Tip: How to Avoid Trouble with Reference Requests

Providing references for current and former employees can be tricky. Improperly handling such requests can lead to lawsuits and claims from both the individual and the new employer. Each state sets its own thresholds for liability arising from employment references. Regardless of location, employers should exercise caution and err on the side of providing too […]

Downsizing: How Can We Prevent Unfounded Lawsuits After RIFs?

Our company is going to go through a prolonged period of significant downsizing. A recent seminar told us to expect a retaliatory wave of unfounded allegations, grievances, and lawsuits by disgruntled employees. Can you suggest steps we can take to protect ourselves against these attacks? Should we retain specialists? What do you recommend we do?  […]

Health and Safety: The Basics of Cal/OSHA Injury Reporting

Most employers know you have to immediately report fatalities or certain serious injuries and illnesses to Cal/OSHA, the state agency that oversees workplace health and safety. But do you know exactly how long you have to report an incident? What information you have to give Cal/OSHA? Or even what phone number to call? It’s critical […]

Outside Sales Employees: Bottled Water Distributor To Pay $4 Million To Settle Overtime Claims

In a confidential settlement, a Los Angeles bottled water distributor agreed to resolve a class action lawsuit by paying $4 million to workers who said they were not paid overtime because they were improperly designated as exempt outside sales employees. The workers claimed they were actually delivery drivers, despite their job title of “route sales […]